|
THE OFFICIAL LANGUAGES
ACT, 1963
(AS AMENDED, 1967)
(Act No. 19 of
1963)
An Act to provide for the languages
which may be used for the official purposes of the Union,
for transaction of business in Parliament, for Centrtal and
State, Acts and for certain purposes in HighCourts. Be it
enacted by Parliament in the Fourteenth Year of the Republic
of India as follows:-
1. Short title and Commencement -
(1) This Act may be called the Official
Languages Act, 1963.
(2) Section 3 shall come into force on
the 26th day of Januray, 1965 and the remaining provisions
of this Act shall come into force on such date as the Central
Government may, by notification in the Official Gazette,
appoint and different dates may be appointed for different
provisions of this Act.
2. Definitions.-
In this Act, unless the context otherwise
requires,-
(a) "appointed day" in relation
to section 3, means the 26th day of Januray, 1965 and in
relation to any other provision of this Act, means the day
on which that provision comes into force;
(b) "Hindi" means Hindi in Devanagari Script.
3. Continuation of english Language
for official purposes of the Union and for use in Parliament-
(1) Nothwithstanding the expiration of
the period of fifteen years from the commencement of the
Constitution, the English language may, as from the appointed
day, continue to be used in addition to Hindi,
(a) for all the official purposes of the Union for which
it was being used immediately before that day; and
(b) for the transaction of business in
Parliament:
Provided that the English language shall
be used for purposes of communication between the Union
and a State which has not adopted Hindi as its Official
Language:
Provided further that where Hindi is used
for purposes of communication between one State which has
adopted Hindi as its official language and another State
which has not adopted Hindi as its Official Language, such
communication in Hindi shall be accompanied by a translation
of the same in the English language:
Provided also that nothing in this sub-section
shall be construed as preventing a State which has not adopted
Hindi as its official language from using Hindi for purposes
of communication with the Union or with a State which has
adopted Hindi as its official language, or by agreement
with any other State, and in such a case, it shall not be
obligatory to use the English language for purposes of communication
with that State.
(2) Notwithstanding anything contained
in sub-section (1) where Hindi or the English Language is
used for purposes of communication-
(i) between one Ministry or Department
or office of the Central Government and another;
(ii) between one Ministry or Department
or office of the Central Government and any corporation
or company owned or controlled by the Central Government
or any office thereof.;
(iii) between any corporation or company
owned or controlled by the Central Government or any office
thereof and another,
Translation of such commmunication in
the English language or, as the case may be, in Hindi shall
also be provided till such date as the staff of the concerned
Ministry, Department, office or the corporation or company
aforesaid have acquired a working knowledge of Hindi.
(3) Notwithstanding anything contained
in sub-section (1) both Hindi and the English languages
shall be used for-
(i) resolutions, general orders, rules,
notifications, administrtative or other reports or press
communiques issued or made by the Central Government or
by a Ministry, Department or office thereof or by a corporation
or company owned or controlled by the Central Government
or by any office of such corporation or company;
(ii) administrative and other reports and
official papers laid before a House or the Houses of Parliament;
(iii) contracts and agreements executed,
and licences, permits, notices and forms of tender issued,
by or on behalf of the Central Government or any Ministry,
Department or office thereof or by a corporation or company
owned or controlled by the Central Government or by any
office of such corporation or company.
(4) Without prejudice to the provisions
of sub-section (1) or sub-section (2) or sub-section (3)
the Central Government may, by rules made under section
8, provide for the language/languages to be used for the
official purpose of the Union, including the working of
any Ministry, Department, Section or Office and in making
such rules, due consideration shall be given to the quick
and efficient disposal of the official business and the
interests of the general public and in particular, the rules
so made shall ensure that persons serving in connection
with the affairs of the Union and having proficiency either
in Hindi or in the English language may function effectively
and that they are not placed at a disadvantage on the ground
that they do not have proficiency in both the languages.
(5) The provisions of clause (a) of sub-section
(1), and the provisions of sub-section (2), sub-section
(3) and sub-section (4) shall remain in force until resolutions
for the discontinuance of the use of the English language
for the purposes mentioned therein have been passed by the
legislatures of all the States which have not adopted Hindi
as their Official Language and until after considering the
resolution aforesaid, a resolution for such discontinuance
has been passed by each House of Parliament.
4. Committee on Official Language-
(1) After the expiration of ten years from
the date on which section 3 comes into force, there shall
be constituted a Committee on Official language, on a resolution
to that effect being moved in either House of Parliament
with the previous sanction of the President and passed by
both Houses.
(2) The Committee shall consist of thirty
members, of whom twenty shall be members of the House of
the people and ten shall be members of the Council of States,
to be elected respectively the members of the House of the
People and the members of the Council of States in accordance
with the system of proportional representation by means
of the single transferable vote.
(3) It shall be the duty of the Committee
to review the progress made in the use of Hindi for the
official purposes of the Union and submit a report to the President
making recommendations thereon and the President shall cause
the report to be laid before each House of Parliament, and
sent to all the State Governments.
(4) The President may, after consideration
of the report referred to in sub-section (3), and the views,
if any, expressed by the State Government thereon, issue
directions in accordance with the whole or any part of that
report :
Provided that the direction so issued shall
not be inconsistent with the provisions of section 3
5. Authorised Hindi translation of Central
ACts, etc. -
(1) A translation in Hindi published under
the authority of the Prtesident in the Official Gazette
on and after the appointed day-
(a) of any Centrtal Act or of any Ordinance
promulgated by the President, or
(b) of any order, rule, regulation or by-law issued under
the Constitution or under any central Act, shall be deemed
to be the authoritative text thereof in Hindi.
(2) As from the appointed day, the authoritative
text in the English language of all Bills to be introduced
or ammendments thereto to be moved in either House of Parliament
shall be accompanied by a translation of the same in Hindi
authorised in such manner as may be precribed by rules made
under this Act.
6. Authorised Hindi translation of State
Acts in certain cases -
Where the Legislature of a State has prescribed
any language other than Hindi for use in Acts passed by
the Legislature of the State or in Ordinances promulgated
by the Governor of the State, a translation of the same
in Hindi, in addition to a translation thereof in the English
language as required by clause (3) of article 348 of the
Constitution, may be published on or after the appointed
day under the authority of the Governor of the State in
the Official Gazette of the State and in such a case, the
translation in Hindi or any such Act or Ordinance shall
be deemed to be the authoritative text thereof in the Hindi
language.
7. Optional use of Hindi or other Official
language in judgements etc. of High Courts -
As from the appointed day or any day thereafter
the Governor of a State may, with the previous consent of
the President, authorise the use of Hindi or the official
language of the State, in addition to the English language,
for the purposes of any judgement, decree or order passed
or made by the High Court for that State and where any judgement,
decree or order is passed or made in any such language (other
than the English language), it shall be accompanied by a
translation of the same in the English language issued under
the authority of the High Court.
8. Power to make rules -
(1) The Central Government may, by notification
in the Official Gazette, make rules for carrying out the
purposes of this Act.
(2) Every rule made under this section
shall be laid, as soon as may be after it is made, before
each House of Parliament while it is in session for a total
period of thirty days which may be comprised in one session
or more in two successive sessions, and if, before the expiry
of the session immediately following the session or the
successive sessions aforesaid, both Houses agree in making
any modification in the rule or both Houses agree that the
rule should not be made, the rule shall thereafter have
effect only in such modified form or be of on effect, as
the case may be so, however, that any such modification
or annulment shall be without prejudice to the validity
of anything previously done under that rule.
9. Certain provisions not to apply to
Jammu and Kashmir-
The provisions of section 6 and section
7 shall not apply to the State of Jammu and Kashmir.
|